More than one individual or entity that conduct business together.
A government grant giving the right to exclude others from making,
using or selling an invention. A Canadian patent applies within Canada
for 20 years from the date of filing of a patent application. The patent
application is open for public inspection 18 months after filing.
A patent application consists of an abstract, a specification and
often drawings. The abstract is a brief summary of the contents of the
specification. The specification comprises a clear and complete description of the
invention and its usefulness and claims which define the boundaries
of patent protection. To receive an official filing date in Canada,
you must submit no less than the following: statement that a patent
is sought, document describing an invention, name of the applicant,
address of the applicant or the applicant's patent agent, prescribed
filing fee. A complete patent application further includes the following:
formal petition, abstract of the invention, claim or claims to the invention,
any drawings mentioned in the description, paper and computer-readable
copies of nucleotide sequence listings, if applicable, and appointment
of a registered patent agent or representative when required.
Patent Cooperation Treaty (PCT)
An international treaty providing for standardized filing procedures
for foreign patents in the countries that have signed the treaty.
A document containing a specification (i.e. a clear and complete description
of an invention and its usefulness, and claims which define the boundaries
of patent protection), an abstract (i.e. a brief summary of the contents
of the specification), drawings (if necessary to complete the description
of the invention) along with other information from the patent file
with the Patent Office. The patent document provides a wealth of information:
a capsule description of a particular technology; back-ground history
of a problem; how the new invention overcomes these problems; a complete
description for making the invention; and any conditions under which
the invention will not work.
The process through which the Patent Office determines whether a patent
application fulfills the requirements for a grant of patent.
Law relating to patent rights.
The office that receives, processes, classifies and examines applications
for patents. The Patent Office is also known as CIPO's Patent Branch.
It also registers assignments or changes of ownership, processes allowances,
collects fees and publishes information on patents. In brief, the Patent
Branch is Canada's patent granting authority and disseminator of patent
The protection involving the possibility of patent right enforcement
by the patent owner with the help of the legal system.
The right to exclude others from making, using and or selling an invention.
Is a review of existing patents. Patent searches are conducted to
determine whether an applicant can claim rights to an invention, or
whether a patent has already been issued to someone else on the same or
a similar invention. Patent infringement searches are made to ascertain whether
a product or process can be produced without having to get permission
or pay a royalty. Patent searches are also used as a form of research
to gain information on existing technology.
The formal request for obtaining a patent. It should contain an indication
of the request for grant of a patent, the names and complete addresses
of the applicant and all inventors, a title for the invention, a request
for "small entity" status (if applicable), as well as the
figure number of the drawing that the applicant wishes to accompany
the abstract when the patent application is open to public inspection.
The applicant may also indicate in the petition or in a separate document
the name of the registered patent agent or representatives (as applicable),
and requests for priority (if any).
Place of origin
A word or depiction that designates the origin of a product or service
and therefore may not be registered as a trade-mark.
Plant breeders' rights
Legal protection for plant breeders for new plant varieties for up to 18 years.
Plant Breeders' Rights Act
The Canadian Plant Breeders' Rights Act gives you exclusive rights to new varieties of some plant species.
To be protected, the varieties must be new (that is, not previously sold, different from all
other varieties), uniform (that is, all plants in the variety must be the same), and stable (that is each generation must be the
same as the rest).
Plant Breeders' Rights Office (PBRO)
The Plant Breeders' Rights Office (PBRO) is part of the
Canadian Food Inspection Agency (CFIA). The Office functions
to secure the rights of plant breeders by granting protection for their new varieties. The Office examines applications to determine whether applicants
are entitled to receive a grant of rights. It publishes and distributes
plant breeders' rights information via the Plant Varieties Journalsee Plant Varieties
Journal), records details of incoming applications and assists the public in obtaining documentation pertaining to a
right that has been published.
Plant Varieties Journal
The Plant Breeders' Rights Office (PBRO) publishes the Plant Varieties Journal containing information concerning
plant breeders' rights. The Journal is distributed on a quarterly basis.
The Journal provides an opportunity for all interested persons to review the information concerning a variety and to object to
the particulars of the published applications/descriptions if they feel the requirements for distinctiveness,
uniformity and stability or other requirements of the Act have
not been met.
Precious metals means gold, silver, platinum or
any of the platinum group of metals.
Precious Metals Marking Act
The Precious Metals Marking Act prohibits the use of false, misleading or incorrect marks
in relation to precious metal articles. The Trade-marks Office cooperates with
the Precious Metals Marking Section of the Consumer Products Branch of Industry Canada
in attempting to reduce the chances of marks being registered which might be
misconstrued by the trade as representing quality marks. Canada's Precious Metals Marking Act states
that you must file a trade-mark application for the trade-mark used on the wares, if
you wish to stamp a quality mark (e.g. 10K gold) on your product. The quality mark itself
is not mandatory.
Sufficient to establish a fact or to raise a presumption of fact unless
rebutted: prima facie evidence.
Prior art (industrial designs)
The body of existing designs, either registered or published throughout
Prior art (patents)
The body of existing patents or patent applications, or any other publication
throughout the world, relevant to an application or a patent.
Incorporation of a business at the provincial or territorial level according
to the legislation of the province or territory concerned.
A company that intends to conduct business in Canadian provinces or
territories, whether it is incorporated under the federal or provincial
system, must also register with the province or territory concerned.
Publishing of the application (trade-marks)
The publishing of an application in the weekly Trade-marks Journal.
This provides an opportunity for the public to formally object to our
intention to register such trade-marks.